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HomeMy WebLinkAboutLetter (variance) - 08/15/2002 City of Oshkosh Jackson R. Kinney Dept. of Community Development Director 215 Church Ave., PO Box 1130 Of 1-11<0_1H Oshkosh, WI 54902 -1130 (920) 236 -5059 (920) 236 -5053 FAX ON THE WATER August 15, 2002 Kwik Trip Hans Zietlow 1626 Oak Street La Crosse, Wisconsin 54602 RE: 103 -123 N. Sawyer Street, Oshkosh, Wisconsin Dear Mr. Zietlow: On August 14, 2002 the City of Oshkosh Board of Appeals denied the variance request for a parking lot with a 12' setback to Faust Avenue. The decision of the Board was filed in the Planning Office of the Department of Community Development on August 15, 2002. Section 30- 6(C)(1) and (2) of the City of Oshkosh Zoning Ordinance allows the same variance request to be heard 3 times in any 12 month period. If this is the first or second time you have requested this variance within 12 months, you may re -apply if you wish. If your variance request has been denied 3 times within a 12 month period, but you feel there has been a change in the circumstances affecting your request, you may submit a request for an additional hearing stating the changes which have occurred. The Board will review this request, and if three Board members feel there is sufficient change in circumstances to warrant an additional hearing, then you may re- submit your variance request through the normal procedure. You may call me at (920) 236 -5062 if you have any questions. Sincerely, Matt Tucker Associate Planner MT /mld cc: Inspection Services Division, City Hall Louis A. Thoma Estate 411)1IV City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 Jackson R. Kinney O1HKOfH Oshkosh, WI 54902 -1130 Director (920) 236 -5059 (920) 236 -5053 FAX ON THE WATER August 15, 2002 Kwik Trip Hans Zietlow 1626 Oak Street La Crosse, Wisconsin RE: 103 -123 N. Sawyer Street Dear Mr. Zietlow: On August 14, 2002 the City of Oshkosh Board of Appeals laid over the variance request to construct a building and parking lot with a 10' setback to N. Sawyer Street and a 10' setback to Witzel Avenue, and the Board also laid over the request to locate a ground sign with a 10' setback to Witzel Avenue. Your variance requests have been rescheduled to the meeting of August 28, 2002. If you have any questions, feel free to call me at (920) 236 -5062. Sincerely, Matt Tucker Associate Planner MT /mld Cc: Inspection Services Division, City Hall Louis A. Thoma Estate City of Oshkosh Dept. of Community Development City Hall 25 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 (920) 236 -5059 BOARD OF APPEALS AGENDA AUGUST 14, 2002 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, AUGUST 14, 2002 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF JULY 24, 2002 MEETING MINUTES I: 552 W. 20 AVENUE Jeff Wanke, of Orion Flight Services, is requesting a variance to install two signs on the face of a wall that will project 1.5' above the wall, therefore making it a roof sign, and a variance for a 45' tall ground sign, whereas Section 30 -37(E) of the City of Oshkosh Zoning Ordinance identifies roof signs as prohibited signs and Section 30- 37(F)(2)(d)(i) requires ground signs not exceed 30' in height. II: 103 -123 N. SAWYER STREET Hans Zietlow, applicant, and Kwik Trip, owner, are requesting a variance to construct a building and parking lot with 12' setback to Faust Avenue, a 10' setback to N. Sawyer Street, and a 10' setback to Witzel Avenue, per the attached map, and a variance to locate a ground sign with a 10' setback to Witzel Avenue, whereas Section 30- 35(B)(1)(c) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback for buildings, parking facilities, and ground signs. III: 4085 SHARRATT DRIVE Jerry Mathusek, applicant, and Barb Wagner, owner, are requesting a variance to allow for a single family house with a 22' rear yard setback, whereas Section 30- 17(B)(3)(d) of the City of Oshkosh Zoning Ordinance requires a 25' rear yard setback. IV: 2712 STONEY BEACH STREET John and Julie Nicks, applicants and owners, are requesting a variance to remodel and expand a nonconforming structure, exceeding 50% of the current total assessed value of the structure, whereas Section 30- 4(B)(1) of the City of Oshkosh Zoning Ordinance requires alterations, additions, and expansions may not exceed 50% of the current total assessed value of a nonconforming structure. STAFF REPORT BOARD OF APPEALS AUGUST 14, 2002 ITEM II: 103 -123 N. SAWYER STREET GENERAL DESCRIPTION AND BACKGROUND Hans Zietlow, applicant for Kwik Trip, is requesting a variance to construct a building and parking lot with a 12' setback to Faust Avenue, a 10' setback to N. Sawyer Street, and a 10' setback to Witzel Avenue, per the attached map, and a variance to locate a ground sign with a 10' setback to Witzel Avenue, whereas Section 30- 35(BX1Xc) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback for buildings, parking facilities, and ground signs. A mix of residential, commercial, professional office and institutional uses characterizes the land use of the general area. The subject properties are zoned C -1, Neighborhood Business District and R -1 Single Family Residence District. An automobile repair and refueling station, a single family dwelling, and vacant land are the current land uses at the subject site. ANALYSIS AND RECOMMENDATION In reviewing a variance request, the following questions should be addressed: Is there an unusual or unique characteristic about the subject property which creates a hardship? Is the hardship self- created? Is the variance being requested the least possible needed to remove any hardship? Will granting of the variance have a considerable adverse impact on the neighboring properties? The applicant is proposing to construct a new retail development on the three subject properties by rezoning the property at 1215 Faust Avenue to C -1 Central Commercial District, combining the three properties, and razing all the structures to prepare for the new commercial use. Previous use of the land consisted of old service/gas stations and a light retail space. Variances are requested in order to construct the new building and provide signage and the required parking and loading facilities. The property is unique in that it is older commercially zoned land, mostly vacant for several years, with street frontage on three sides. When all principal structures are removed from a site, the zoning code requires all new principal and accessory structures meet required setbacks, which creates a substantial hardship for the subject property. The C -1 zoning district requires a 20' front yard setback, but the adjacent residentially zoned property, including homes on Witzel Avenue and Faust Avenue and Lourdes parochial school across Sawyer Street, introduce transitional yardage requirements, applying to three sides of the future combined lot. In addition, the subject property is located at the intersection of two high volume traffic arterials of the City. The site is narrow in comparison to newer commercial sites being developed within the community, which presents a challenge in providing the required parking and loading facilities. Any redevelopment of the subject property presents challenges to developers, since structure setback and parking requirements greatly restrict redevelopment opportunities for the vacant land. The variance for parking north of the building, into the Faust Avenue front yard! setback, is requested to meet off- street parking requirements for the use, and the difficulties presented in trying to situate the 14 off -street spaces on site, as required by the ordinance. It should be noted that at the July 16, 2002 Plan Commission meeting, parking provisions for this site were recommended for modification, relative to providing the parking spaces to another on -site location. Considering this recommendation, staff recommends denial of the variance request for a substandard setback along Faust Avenue for parking, since the required 14 spaces may be situated on site without requiring a variance. STAFF REPORT -2- BOARD OF APPEALS ITEM II AUGUST 14, 2002 The variance request along Sawyer Street will permit 5' of the building and pump island canopy to project into the 25' transitional yard setback and allow for one off - street parking space to be constructed in the setback area. Toward the southern portion of the site, a 10' setback is proposed for maneuvering around the pump island area, which is the closest any of the proposed improvements will project into the setback area. In regard to adverse impact, considering the 100' width of the right -of -way of N. Sawyer Street in front of the subject property, containing a large terrace area, approval of the variances will result in the pump island maneuvering area being approximately 40' from the edge of N. Sawyer Street. In regard to the building/canopy setback, it should be recognized the applicant could construct a building/canopy without a variance, and it would not appear the additional 5' in setback would create a substantial impact over and above what would otherwise be permitted. , Similar to the Sawyer Street setback variance request, the Witzel Avenue variance request will permit vehicle maneuvering and staging in context to the pump island area. Again, considering the narrowness of the site, and the fact that the new development will provide setback where none currently exists, the approval of this variance request would appear reasonable and would replace the existing 0' nonconforming setback of the current use on site. The variance request for the proposed sign, with a 10' front yard setback to Witzel Avenue, is consistent with signs that have been constructed on the adjacent commercial propertiea in the area, and will exceed the current setback of the existing nonconforming sign. The location of the sign ia the least possible variance needed to remove the hardship, which is created by the location of the proposed a truucture/canopy /parking area and narrowness of the site. Also, the setback of the proposed sign would net have any greater adverse impact on the surrounding properties, considering the improvement from the current (dilapidated sign with a 0' setback. In regard to the proposed height of the sign, the proposed pylon sign cou d have a negative impact on the adjacent properties, considering its close proximity to Witzel Avenue and the adjacent properties. Since the ground sign is intended to advertise to traffic on the Witzel Street frontage, it would seem reasonable to restrict the sign to a monument style sign, not to exceed 12 feet in height nor 100 square feet in area per side. In summary, staff recommends: 1. Denial of the variance request for a parking lot with a 12' setback o Faust Avenue. 2. Approval of the variance request to construct a building and parking lot with a 10' setback to N. Sawyer Street, and a 10' setback to Witzel Avenue, per the attached map, 3. Approval of the variance request to locate a ground sign with a 10 setback to Witzel Avenue, with the following condition: A. The proposed ground sign must be a monument style sign, not to exceed 12 feet in height nor 100 square feet in area per side. Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903 -1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please write legibly with black ink and also submit a complete reproducible site plan (maxirnuai size 11" x 17"). (A complete site plan includes, but is not limited to, all structures, lot linesand'streets with distances to each.) There is a $125.00 fee for each variance application: The fee is. payable to the City'of Oshkosh and`due at the time the application is submitted. Address of Parcel Affected: o — / N 5 - r 4.. k Kd5 L cc Petitioner tLW i k 7;640 ga /t,5 Z'e /d W ome Phone::uv,2 ✓ 60 e 3c . Petitioner's Address: /424 Oa.k ,5f Let .3`5/602 er'oSS e LJ/ Work Phone: to Cp . 7 q3 G Z00 Signature Rap' re 4 Lit Date: 7r Z- -0 Owner (if not petitioner): e57 ,f i s 4. • I .ltd yrta Home.Phone: 9.act) g -df / Yom' Owner's Address: PO. L 6K ,2.233 Cask, / $ Phone: Signature Required: / . _ _ _ _ / Date: 7A y U In order to be granted a variance, each applicant must be able to prove that an unnecessary hardship would be created if the variance is not granted. The burden of proving an unnecessary hardship rests upon the applicant. The attached sheet provides information on what constitutes a hardship. (Attach additional sheets, if necessary, to provide the information requested. Additional information may be requested as needed,) 1. Explain your proposed plans and why you are requesting a variance: h/[ a pc I' b< < `IL LS ' ACT- 4 _ . w 1r� . -L-/1 dMet e wd 5/k • n S ryt o s , b and ketp Am Flora p ss i b !.e a pa 4116 e r era 1L, Par tAx toad s pac_A raj a 5/a 6 i3 h K.e7 Lie ✓ar/a.n i r .III iIi I __ ��• /1_. 2. Describe / how the variance would not have an adverse effect on surrounding properties: / a-05 tsed hr�oks Gtr/ • I� £5 4a t txor%e tten `� ! 7�Gtn MAs eAYPi Nereid 1 Io+ -p res. ort.- tt dK �a cc� e5/. Oat- 6 1:51\ to; 11 64i1( be sr back. -rex er 5/0 to 126( )) `Sec h ii'1 os-f- 616116 11.5 t i eD .ear acrd '4 n io/ !( ,to f �b/ock ft , i� Dot r �i� r-• �i�11 w l / .C 5e Vet r /rt Ku s Our g -Mack gz-Macks czi /f be tae.. (Continued on Reverse Side) t redZir , / res . . -J- Qye -. Gt Cl � (Ala �CJe eo lie ie.H. y q era t �{� ��s ‘ 5,77„. .� tit 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: /his 137 is ) arracJ /S: 7 n >^ Q 'ornmerci u h- r1 r n of-t n P_ r -P Yi"P 14)/15 4. Describe the hardship that would result if your variance were not granted: 6- Cc-4 V-4 • s h adt: « x f 1 42// W &c�lc/ /1 - r- ha fa ci ocld e ea e -ou) m items;: 6ina,(( rict K cam, Qrt u . f s - ri. FOR o hs � . OFFICE USE ONLY - n Sec ADJACENT PROPERTY OWNERS WITI1 MAILING = ADDRESSES . 1 ) G /Ko s14 CA ,may -S'ck) fl0 . � yf.._ S`T /x.18 41sHeosw c,JT Syy 5b n cH,eas cJi; cy ro 2) . � hL..� 'c '.e f° C 7) 712 • j o . s K .v. /2 Z. / /f oSl'1tos Gib . SY D ! S /fh<c s lc± S/ 2 SSF• G 3� f�L Lo } .. 8) 0'62_0' Rf i / .CCf{ 421 A . s /.222 sos iko‘rk (Air . /9. . � , �s� U iYvr 1 s-yydz 4) r 9 ) JO ro/0 Tr. ck i Aril /asXl' air e e7 d az z. y o o? 6.13 10) `f,,, s i'Ta2 t Y At 1J.c '9 i ai- i- tkas-w w/K Kwik Trip, Inc. - Real Estate P.O. Box 1095, Oconomowoc, WI 53066 TRIP Office: (262) 560 -0385 • Fax: (262) 560 -0394 INCORPORATED To serve our customers and community more effectively than anyone else by treating OW customers, co-workers and syppkers as we, personaly, would like to be treated. Matt Tucker Associate Planner City of Oshkosh 215 Church St Oshkosh, WI 54903 July 22, 2002 Dear Matt, This is a cover letter for the variance applications for our new Kwik Trip Store at the comer of Sawyer and Witzel in Oshkosh. You will find an application for parking setback variances and for a sign setback variance. Enclosed is a check for $250 to cover the fee for both variances. You will also find a site plan and a copy of our proposed ground sign. Please note that the site plan does not yet show the conditions of conditional use added by the planning commission. None of those affect the variances we are requesting. As you know this is a very narrow site. We have worked hard a coming up with the best workable plan to redevelop the existing gas/service station to a totally new development We plan on scraping the entire site and building new urban style all brick Kwl k Trip store. In order to allow traffic to flow on this site we do need a variance from the setbacks as shown on our site plan. These setbacks will also allow for additional parking, which will also keep the lot less congested during busy times. Even with these setbacks we will be set back farther than most existing commercial sites on Sawyer and WitzeL We will also need a variance for the sign setback. As with the setbacks for parking our sign setback will still be farther back than most other commercial signs. Without this setback, the sign will have to be located in an island in the traffic flow area. We feel that this new store will be a great improvement to this corner. It will reduce driveways from 7 to 3. It will increase green space and setbacks. It will replace an old unsightly building with a new brick building. Thank you for your consideration and feel free to call with any questions. r Zietl Kwik Trip, Inc. Real Estate and Development. � � • , , KWIK TRIP 10' -0" t SAWYER & WITZEL OSHKOSH, WI U NLEADED *TOTAL SQ. FT. 9 EACH SIbE = 101.47 W IK 1 3 TR/ft ■ 130 4 SCROLL CABINET IS 10' x 8' 1.5 0 SCROLL FACES ARE 119" x 94.5" tJ SQUARE FEET = 78.09 • STORES 1.3 A .) \ READER BOARD CABINET - 3 4.5 X 8' .75 B • A • (FACES ARE 36.5" x 95.25") SQUARE FEET = 23.38 N 111111Fiar O GAS PRICE NUMBER DETAIL 7" SQUARE TUBE POLE - 1/4" STEEL 1' -54" a I9 die O 1 I \ O O N ■ • 4.2 Sq.Ft. EACH t ! 25.20 Sq.Ft. 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Z � • . e e e e e e e e e e e e e e e e e � .eeeeeeee _ ♦eeee °�eeeeee� • ,e °ee ° °e °j � eeee .ee: � ee e e e e � � -►�� •eeee e.a♦ eeee �t e : eeee e w e e � � eeee . • e e... ■e ° °• ' �"rz: .. le ♦ ° e e .- �_ ° 1314 1308 12 1226 1218 :° °� °� 4 i ° i ° • ° ♦ it f9 �.;. 1223 1219 1213 1203 1121 1 1 11I 4 Ii t ,..: , V 1 M E Il M ,,,._ , c c& DISCLAIMER Close Up View This map is neither a legally recorded map nor ell a survey and it is not intended to be used as one. 1 03 -123 N. Sawyer Street This drawing is a compilation of records, data a' and information located in various city, county } and state offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is to be used for reference O.IHKOlH purposes only. The City of Oshkosh is not re- Community Development sponsible for any inaccuracies herein contained. `�' 1 ON THE WATER If discrepencies are found, please contact the City of Oshkosh. 40 0 40 80 120 Feet 07/24/02 a� aaaa>_ n.... 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Sawyer Street This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- Community Development O.f HKO /H sponsible for any inaccuracies herein contained. ON THE WATER If discrepencies are found, please contact the 600 0 600 F City of Oshkosh. 200 Cr by - MLD 07/24/02 i =mom= 1 F II I i 1 !' _%ma CO IRU CO II —- ikt. uta muu • Nlll ira W Cn Q __ C 2 mm Q J J w LF OR - ER ir^ I , 11.1 } R -5 l� Z _ Z _ L a u) ■OUTHLAN AVE. - II il ►N CT. m slo l IIII Q • NAI_ t ' -4 4 R -3 Q ' M1111111 ■ o: Lii I _ IZBE11'�3_ /1 di ratAv . MO 1 mm Alill cpicp cal imis mil WI bl1 III hj7 t ; m o II! ._ �/. nr . 11� W - n o /RENEE! AVE, ra m � = 1 6 � n�1 _ ∎ um R 2 1. ....1 ii i iitiiiiil ;pupa III _._ BISMARK 1.1111 11 / =Ng m i1'1 11111 uiiiJm IIIIIIIIE co — . /111 N. Ilia X111 W 111111113 :1 1 IN � CO > lIlIIIIIPi REM A V E . • Nig 1.1 MI MI CO Q �111111MIti MINIM 111111111111 1111111 NE W � LI 111 IIIJ1fI1F1 IIIMU� IIILJLS11 1111111 ■ W. 7TH E. P I 1 ItI1 M ...; DISCLAIMER Existing Zoning This map is neither a legally recorded map nor a survey and it is not intended to be used as one 103 -123 N. Sawyer Street s s< This drawing is a compilation of records, data and information located in various city, county City of Oshkosh Wisconsin and state offices and d it is to and other b e used for affecting the area shown Community Development 0 f HK0f H n an be f reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. 500 0 500 Feet ON THE WATER If discrepencies are found, please contact the City of Oshkosh. Created by - MLD 07/24/02